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camels was to be paid; that full compensation was to be paid for the teeth, the lips, the testicles, the penis, the backbone and
the eyes; that for one foot half the compensation was to be paid, for a wound in the head a third of the compensation, for a
thrust which penetrate the body a third of the compensation, for a head wound which remove a bone fifteen camels, for each
finger and toe ten camels, and for a tooth five camels.
Nasa'i and Darimi transmitted it.
Al-Muwatta Hadith
Hadith 29.33
Divorce of Men who Divorce for Compensation
Yahya related to me from Malik from Nafi that Rubayyi bint Muawwidh ibn Afra came with her paternal uncle to Abdullah ibn
Umar and told him that she had divorced her husband for a compensation in the time of Uthman ibn Affan, and he heard about
it and did not disapprove. Abdullah ibn Umar said, "Her idda is the idda of a divorced woman."
Yahya related to me from Malik that he had heard that Said ibn al-Musayyab and Sulayman ibn Yasar and Ibn Shihab all said
that a woman who divorced for a compensation had the same idda as a divorced woman - three periods.
Malik said that a woman who ransomed herself could not return to her husband except by a new marriage. If someone
married her and then separated from her before he had intercourse with her, there was no idda against her from the recent
marriage, and she rested on her first idda.
Malik said, "That is the best that I have heard on the matter."
Malik said, "If, when a woman offers to compensate her husband, he divorces her straightaway, then that compensation is
confirmed for him. If he makes no response, and then at a later date, does divorce her, he is not entitled to that
compensation."
Fiqh-us-Sunnah
Fiqh 3.48
That zakah of rikaz and ma'din is obligatory is shown by a statement attributed to Abu Hurairah: "The Prophet, upon whom be
peace, said: 'There is no compensation for one killed or wounded by an animal, falling in a well, or because of working in
mines; but, one-fifth (khums) is compulsory on rikaz.' " Ibn al-Mundhir confesses that he does not know anyone who
contradicted this hadith except al-Hasan, who differentiates between what exists in the land of war and the Islamic land. The
latter holds that if rikaz is found in the land of war, one-fifth (khums) is due, but if it is found in the Islamic land, it will be
subject to the regular zakah.
Explaining it, Ibn al-Qayyim says that there are two interpretations of this statement:
The first interpretation is that whenever someone hires someone else to dig a mine for him and then he falls into it and is
killed, there is no compensation for him. This view is supported by the Prophet's saying: "There is no compensation for one
who falls into a well or who is killed by an animal--(al-bi'r jubar, wa al-'ajma' jubar)."
The second interpretation is that there is no zakah on minerals. This view is supported by the Prophet's saying: "... but onefifth
is compuslory on treasure--(wa fi az-zakah al-khums)." Thus, he differentiated between mineral (ma'din) and treasure
(rikaz). He made zakah on rikaz compulsory because it is a wealth obtained without any cost or effort. He exempted minerals
(ma'din) from zakah because they require both cost and effort for their mining.
ISL Quran Subjects
Compensation
1. (Also see) Composition, Expiation
2. Divorce by zihar, for
58.3, 58.4
3. Fasts missed, for
2.184, 2.185
4. Head not shaved on the Pilgrimage or Umra for
2.196
5. Killing a Believer by mistake for
4.92
6. Killing of game while in Ihram, for
5.95
7. Killing of game in the Haram, for
5.95
8. Killing of game while on the Pilgrimage, for
5.95
9. Murder, for
2.178, 17.33
10. Suckling of offspring by divorced women, for
65.6, 65.7
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